News & Knowledge
In the recent judgement Barton v Wright Hassall LLP  UKSC 12 the Supreme Court has considered the power under CPR 6.15(2) to order that steps already taken to bring the claim form to the attention of the defendant by an alternative method or at an alternative place is good service.
There are some cases where (and perhaps with a degree of hindsight) it is difficult to see how there could be any other outcome. Lukoil Asia Pacific PTE Limited v Ocean Tankers (PTE) Limited  is one of them.
Myton Law has advised Samskip Multimodal BV on a new agreement with Associated British Ports (ABP) relating to container services at the 30-acre Hull Container Terminal, Queen Elizabeth Dock.
Schenker Ltd v Negocios Europa Ltd.
Myton Law were pleased to be successful in the ground breaking judgment of the London Mercantile Court. In a trial of a preliminary issue, the Court judgment established that the English common law precedent against ‘set off’ in freight matters applies not only to goods moved by sea and road, but also by air.
The UK Supreme Court has overturned a decision of the Court of Appeal and in doing so has reaffirmed the principle that a fitness for purpose obligation in a construction contract was to be given its natural effect.
The new protocol applies to any business (including sole traders and public bodies) claiming payment of a debt from an individual (including a sole trader). The protocol does not apply to business to business debts unless the debtor is a sole trader.
BIFA have intimated a new set of trading conditions which are going to come into force later this year on 1 October 2017.
Historic wreck salvage - claim for cannons and tin ingots time barred - R (on the application of David Knight) v The Secretary of State for Transport
Interesting salvage law issues arose in the above judgement from the Administrative Court of the Queen’s Bench Division (yes Administrative – not Admiralty!).
The Supreme Court recently handed down its judgement in Globalia Business Travel S.A.U. of Spain v Fulton Shipping Line of Panama (the New Flamenco)  UKSC 43. The judgement, which can be lauded for its brevity, helpfully sets out some principles to be applied to determine whether a windfall for a claimant seemingly connected to a defendant’s breach of contract should benefit a defendant by reducing the damages they have to pay.
We are delighted to have joined the Rail Freight Group.